Easter Hols for Helper
- Thread starter Eve12
- Start date
nicolejoy
Registered User
By law, they're only entitled to Ching Ming festival, not the Easter public holidays.
Personally I would give my helper all the public holidays though but you only MUST give them Ching Ming holiday.
You can require them to work on a statutory holiday provided you give them 48 hrs notice and you give them an alternate day off within 60 days.
This guide has the best info on the laws regarding your rights and responsibilities: http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf - we're hiring a helper (she's coming in about a month's time) and I've read over this guide a million times already. There's a lot of stuff out there that people say that just isn't true, but this guide is provided by the government and really clears up any confusion.
Personally I would give my helper all the public holidays though but you only MUST give them Ching Ming holiday.
You can require them to work on a statutory holiday provided you give them 48 hrs notice and you give them an alternate day off within 60 days.
This guide has the best info on the laws regarding your rights and responsibilities: http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf - we're hiring a helper (she's coming in about a month's time) and I've read over this guide a million times already. There's a lot of stuff out there that people say that just isn't true, but this guide is provided by the government and really clears up any confusion.
joyofliving
Registered User
New helper is not entitled to Statutory Holidays for the first 3 months.
Aava.Wong - according to this website you've listed, Monday is NOT a statutory holiday. Only Tuesday, Ching Ming Festival.
I think that is just so cruel. I mean, come ON... (not directed at you, Geomum, directed at the law). Would you begrudge your helper Christmas just because she started in November??
nicolejoy
Registered User
This is what the file I posted earlier says:
All foreign domestic helpers, irrespective of their length of services, are entitled to the following 12 statutory holidays in a year.
(it includes Ching Ming, but not Easter)
Then it goes on to say:
If the helper has been employed continuously by the employer for three months preceding any of these holidays, he/she is entitled to the holiday pay.
I don't know what the "holiday pay" that they're talking about is, but to me it still seems to say that ALL helpers are entitled to the holidays, regardless of how long they've worked for you...
All foreign domestic helpers, irrespective of their length of services, are entitled to the following 12 statutory holidays in a year.
(it includes Ching Ming, but not Easter)
Then it goes on to say:
If the helper has been employed continuously by the employer for three months preceding any of these holidays, he/she is entitled to the holiday pay.
I don't know what the "holiday pay" that they're talking about is, but to me it still seems to say that ALL helpers are entitled to the holidays, regardless of how long they've worked for you...
tuesday is the "day" following ching ming festival so monday the 5th of april is still a stat hol.
my helper started working from nov 2009 but i let her have all the stat hols since the start of her work. it really depends on you and how much you need her around. personally, i'd like to be with my family on my days off so i let her visit friends/relatives when i'm home with bub and hub.
nicolejoy
Registered User
Ok I googled a bit - and this is what I understand: you MUST allow them to take the day off, but if they've worked for less than 3 months, you can deduct the day's wages from her pay (after 3 months, it is a paid day off). But they MUST be allowed to have the day off regardless of how long they've worked for you.
beckveldman
Registered User
Sorry to be pedantic, but Monday is not a statutory holiday. Only Tuesday.
Ching Ming (and Cheung Yeung) are usually designated as statutory holidays, but if the day of the festival falls on a general rest day (which Easter Monday is) then the statutory holiday is granted for the following (or next non-general holiday) day.
Having said that, we have personally always chosen to gift our helpers the three additional general Easter days. But we gently make them aware that these are additional days off at our discretion, not a requirement - largely to avoid the spread of confusing ideas of entitlement like in this thread!
By the way, Buddha's birthday next month (Friday 21 May) is also not statutory. There are 5 general holidays on the HK calendar which are not statutory: the three Easter days, Buddha's birthday, and Boxing Day.
Ching Ming (and Cheung Yeung) are usually designated as statutory holidays, but if the day of the festival falls on a general rest day (which Easter Monday is) then the statutory holiday is granted for the following (or next non-general holiday) day.
Having said that, we have personally always chosen to gift our helpers the three additional general Easter days. But we gently make them aware that these are additional days off at our discretion, not a requirement - largely to avoid the spread of confusing ideas of entitlement like in this thread!
By the way, Buddha's birthday next month (Friday 21 May) is also not statutory. There are 5 general holidays on the HK calendar which are not statutory: the three Easter days, Buddha's birthday, and Boxing Day.
FutureHKmom
Registered User
The official statutory holiday is April 5 (Monday). I don't think Easter Monday is a general rest day - it's a public holiday. It's one thing if you want to give it to your helper as a day off as many people do, but under the law, it is not considered a rest day. See this labor department website which shows that April 5 is the statutory holiday. Labour Department - What's New
In general, we try to give our helpers public holidays as well as the statutory ones.
However, if it's a long break, we might ask them to come in for an afternoon in the middle. They usually offer to do this as they know we will make such a mess without them it will be easier on them in the long run
However, if it's a long break, we might ask them to come in for an afternoon in the middle. They usually offer to do this as they know we will make such a mess without them it will be easier on them in the long run
carang
Registered User
actually, this is incorrect. she IS able to get the holidays, they just don't have to be PAID holidays.
starbucks2
Registered User
We have given our helper all of the holidays off. So (unfortunately for us 
) she is off from today until Tuesday (inclusive). I always thought it was unfair for me to have those days off work and not her also.
) she is off from today until Tuesday (inclusive). I always thought it was unfair for me to have those days off work and not her also.
carang
Registered User
i agree, we give one of our helpers all of the days off. the other one (her husband) was hired with the understanding that he would NEVER get those days off and that we would give him 1.5 days off per day missed in lieu of the holidays. (we REALLY need him during the holidays otherwise we'd give him the days off, too).
they are extremely happy with the arrangement.
they are extremely happy with the arrangement.
helpers get their "normal" day off + 1 day off (Ching Ming which is a statutory) and other holiday is up to the employer and not required by law. a "paid" holiday would be equivalent to $150 / day....can't remember how it's calculated by I"m quite sure that is the amount you pay if you want them to say on their statutory day off (unless of course they take another day off instead)...